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CC_Minutes_2004_0524
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CC_Minutes_2004_0524
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7/17/2007 9:30:09 AM
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2/9/2006 12:53:39 PM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
5/24/2004
Meeting Type
Regular
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<br />Page 2 ot 10 <br /> <br />Real estate developer sought certiorari review of decision by county board of commissioners denying <br />preliminary plat approval. The Court of Appeals, Wright, J., held that: (I) county board lacked <br />authority to deny approval of plat that proposed a permitted use and complied with zoning <br />regulations, and (2) comprehensive plan did not provide a basis for denying approval. <br /> <br />Reversed and remanded. <br /> <br />West Headnotes <br /> <br />ill Counties (::::058 <br />I04k58 Most Cited Cases <br /> <br />On a writ of certiorari, appellate review is limited to determining: (I) whether a county had <br />jurisdiction, (2) whether its proceedings were fair and regular, and (3) whether its decision was <br />unreasonable, without evidentiary support, or based on an incorrect theory of law. <br /> <br />ill Zoning and Planning (::::0606 <br />414k606 Most Cited Cases <br /> <br />ill Zoning and Planning (::::0708 <br />414k708 Most Cited Cases <br /> <br />Because local officials have broad discretion in deciding whether to grant or deny a proposed land <br />use, an appellate court gives great deference to their land-use decisions and will reverse only in rare <br />instances where the decision lacks a rational basis; a decision lacks a rational basis if it is <br />unsupported by substantial evidence in the record, premised on a legally insufficient reason, or based <br />on subjective or unreasonably vague standards. <br /> <br />ill Zoning and Planning (::::0381.5 <br />414k381.5 Most Cited Cases <br /> <br />County board of commissioners lacked legal authority to deny real estate developer's application for <br />approval of preliminary plat, where plat proposed a permitted use and complied with regulatory <br />standards prescribed by that use. <br /> <br />HI Zoning and Planning (::::0375.1 <br />414k375.1 Most Cited Cases <br /> <br />When a zoning ordinance specifies minimum standards to which subdivisions must conform, local <br />officials lack discretionary authority to deny approval of a preliminary plat that meets those standards. <br /> <br />I~I Zoning and Planning (::::0378.1 <br />414k378.1 Most Cited Cases <br /> <br />Because a permitted use is a use that may be lawfully established if it conforms to specified <br />regulatory standards, a local government reviews an application for a permitted use only to determine <br />whether the proposed use complies with those standards. <br /> <br />.. ./delivery.htmJ?dataid=A005580000004191 0003939398B92C3E6DED02C543&dest=atp&f 3/25/2003 <br />
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